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Republic of albania

Ministry of foreign affairs

WRITTEN REPLIES ON

THE LIST OF ISSUES OF THE HUMAN RIGHTS COMMITTEE TO BE TAKEN UP IN

CONNECTION WITH THE CONSIDERATION OF THE

SECOND PERIODIC REPORT OF ALBANIA (CCPR/C/ALB/2),

IN THE FRAMEWORK OF THE

INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

Tirana, June 2013

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Constitutional and legal framework within which the Covenant implementation (art. 2).

Question 1

1. In the Republic of Albania, the international law enjoys a privileged position compared to the

domestic legislation. Article no 5 of the Constitution defines the obligation of the Albanian state

has towards the application of the international law. Article no122 defines that any international

agreement ratified by the Parliament constitutes part of the internal legal after being published in

the Official Journal. It is directly applicable, except for the case when it is not self-executing and

its application requires the endorsement of another law. An international agreement ratified by

law has priority over the laws of the country that are incompatible with it. On this basis, the

international conventions on human rights field acceded or ratified by Albania, which also

foresee the dispositions which guarantee the human rights without discriminating on national,

ethnic or social origin, gender, race colour, language, religion, political convictions or of any

other kinds, assets, birth, in capabilities, age or any other state bases, in which the Republic of

Albania has acceded or ratified, have become part of the domestic legislation.

2. Likewise, in many cases, the provisions of the Covenant have been invoked before the Constitutional Court specifically: Decision no 8, dated 21.05.1993; Decision no 28, dated

17.03.2011; Decision no 64, dated 14.06.2011; Decision no11, dated 02.04.2008, Decision no

20, dated 09.07.2009; Decision no 9, dated 23.03.2010; Decision no 3, dated 03.02.2012;

Decision no7, dated 07.02.2013. Also the provisions of The Covenant have been invoked before

the Supreme Court in two decisions: Decision no 202, dated 30.09.2009, and Decision no 415,

dated 27.02.2013.

Question 2

3. The measure taken to ensure the full independence of the Ombudsmans office on the allocation of human and financial sources, referring to the provisions of the Law 9936/2008 On

the management of the budgetary system in the Republic of Albania, amended, the budget of all

general governing units (including Ombudsman) is drafted by the Ministry of Finances based on

the budgetary requirements of the institutions. Later on the drafts are endorsed by the Council of

Ministers and the Parliament.

Non-discrimination, equal rights for men and women (arts. 2, paragraph. 1 and 3)

Question 3

4. Since the establishment of the Commissioner for the Protection against Discrimination, there has not been any court decision in Albania on the application of the Law no10221, dated

04.02.2010 On Protection against Discrimination. Currently, the following cases are being

sued: In one case CPD is summoned as the interested party, after CPD has previously followed

an administrative procedure about the same issue for which the decision of discrimination has

issued. In another case, where the Commissioner has ruled one discrimination decision, the

plaintiff has brought the case to the Court, and in this suit, the Commissioner was summoned as

a third party but during the trial the plaintiff asked the suspension of the trial for the third person

(CPD), because the object of trial had been changed and eventually the court decision was not

expressed against discrimination. In another case previously reviewed by CPD, the plaintiff

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presented a lawsuit claim in the court for compensation. In this case, the Commissioner

communicated to the court the decision. The court decided to suspend the review of the

complaint made by the plaintiff based on the Commissioners decision to suspend the

investigations.

Question 4

5. One of the objectives of the government policies on gender equality and fight against

violence in families has been and remains in continuance the raise awareness of the whole

society and structures to eliminate all gender stereotypes and promote the womens role in the

political, socio economic and social life. Media is considered as one of the main partners. The

progressive influence of media focusing on gender equality problems, especially the womens

participation in politics, culminated in the 2009 election campaign and the 2011 local elections,

with some programs and debates in the main media of our country. The awareness campaigns

have continued which aimed at omitting the gender stereotype, increasing the public and political

decision taking of the women, their economic consolidation etc.

6. Law no 97, dated 04.03.2013 On audio-visual media in the Republic of Albania, foresees

that one of the main principles for the radio-television activity is also the unbiased respect of the

right for information, political and religious faiths, personality, dignity and the other human

fundamental rights and freedoms (article 4, point b). This law also foresees that the services

offered upon users request are not allowed to include programs promoting hatred on racial,

ethnical, gender, national or religious bases (article 76). So far Audio-visual Media Authority has

not encountered any practice in the electronic media, or received any complaint from any entity

regarding the introduction of women as sexual objects. In contrast, the Audio-visual Media

Authority, in accordance with the above provisions, has the power to intervene whenever the

electronic media offers programs that promote, among other things, gender hatred. Starting from

2008, this institution in the frame of electronic media monitoring, has measured the time

awarded to each gender. The presence of female actors in Albanian electronic media continues to

improve. Cooperation with the media is an on-going objective in the National Strategy for

Gender Equality, Reduction of Gender and Domestic Violence, 2011-2015.

7. In the framework of international instruments, the Republic of Albania has ratified the

"Convent of the Council of Europe on preventing and combating violence against women and

domestic violence" with the Law no 104/2012, dated 08.11.2012.

8. The legal framework for the fight against domestic violence. Recent amendments in the

Criminal Code,

with the law no 23/2012, dated 01.03.2012, foreseen in Article 130 / a, adds the offense of

domestic violence, such as a) beating, as well as any other act of violence against a person who

is a spouse, former spouse, cohabitant, or ex cohabitant, close sex or close marriage relations to

the offender, by violating the physical, psychosocial and economic integrity, is punished with up

to two years imprisonment, as well as b) a serious threat of death or injury, and c) wilful injury

done to the person who is the spouse, former spouse, cohabitant or ex cohabitant, or close sex or

close marriage relations to the offender, with the violation of the psychic integrity, are

considered criminal offenses for which appropriate penalties are also provided.

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Law no 144/2013, published in Official Journal 83, May 2013 is recorded the inclusion of new

provisions related to domestic violence, child protection, in accordance with the

recommendations of the Committee of the UN Convention "On elimination of discrimination of

all forms of discrimination Against Women, Convention "On the Rights of the Child", and the

Council of Europe Convention against human beings trafficking.

9. Regarding the activity of state structures in the fight against violence on women and domestic

violence is based on a series of laws and regulations, namely: the law no10329, dated 30.09.2010

"On some amendments to Law No9669, dated 18.12.2006 "On measures for violence in family

relationships"; law no 9970, dated 24.7.2008 "On gender equality in society" law nr.10221, dated

04.02.2010 "On protection from discrimination". There are also designed sectorial strategies

accompanied by action plans and relevant programs. Based on the programs and monitoring of

the "National Strategy on Gender Equality and Domestic Violence 2007-2010", and after the

adoption and implementation of the National Strategy on Gender Equality, reducing gender-

based violence and domestic violence 2011-2015, adopted by the CMD no 573, dated

16.06.2011, it can be concluded that the situation of combating violence against women and

domestic violence has undergone positive changes. It is also adopted the Strategy of State Police

2007-2013, according to the principle of community policing. State Police is already a subject

qualitatively legitimate to ask the court to issue orders for the protection of minors.

10. Following the adoption of the legal frame against the phenomenon of domestic violence, the

structures of the Ministry of Interior have begun work on its application, anticipating the

restructuring of State Police at the central and peripheral level, approval of administrative acts

for measures, prevention and reduction of the phenomenon of domestic violence, the creation of

registers and forms suitable for the identification, treatment and prevention of domestic violence,

draft manual on measures to prevent violence, protection and care of the victims, administrative

and professional capacity building through training and professional qualifications, organizing

awareness campaigns, establishment of cooperation with other institutions.

11. The level of denunciations of domestic violence. As a result of expertly handling domestic violence

case, the number of denunciations of violence in police structures during the last 5 years has been

increasing, also reflected in the following statistics: 822 cases were identified (377 are treated with

lawsuits requests) during 2008; 1217 cases (841 are treated with lawsuits requests) were identified in

2009; 1998 cases (1234 are treated with lawsuits requests) were identified in 2010; 2181 cases (1345

treated with lawsuits requests) were identified in 2011; 2300 cases (1497 are treated lawsuits request)

were identified during 11 months of 2011.

Point 4 (a) and (b)

12. In implementing the Government programs, the Albanian legislation, specifically Law no

9970, dated 24.07.2008 "On gender equality in society", Law No 9669, dated 18.12.2006 "On

measures against violence in family relations, and monitoring of the National Strategy on Gender

Equality 2007-2010, stipulates that gender equality and the fight against women and domestic

violence has been the priority focus of government and has undergone positive changes. Support

from the UN program One "On gender equality in Albania", and other organizations operating in

the country on these issues, and cooperation with civil society has played a very positive role in

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meeting the many commitments, the objectives of the Strategy, made it possible the inclusion of

gender issues at all levels by providing institutional capacity building, increasing the

participation of women in employment promotion programs, raise public awareness on gender

issues and violence against women, building and operating the facilities and support services ,

increasing participation in political decision-making, taking measures to omit gender stereotypes

in education and media.

13. Increasing the representation of women in political and public life: As a result of the

application of the quota and increase of awareness, the data on the representation of women and

girls are: Parliamentary Elections 2009 -Women hold 22 seats in the Parliament or 15.7%, of the

government cabinet one woman holds the post of a minister or 7.1% of the cabinet, Deputy

Ministers are a total 35, out of which 7 are females or 20.6%. (The data of December 2012). Out

of 12 Prefects, 2 are women (in Gjirokastra, Shkodra) or 16.6%.

14. Local elections 2011 out of 65 municipalities 3 are women mayors or 4.6% (Burrel,

Konispol Patos), out of 11 mini-municipalities in Tirana 2 are women mayors or 18% (unit 1 and

5), member of Municipal Council 12.3 %, 2 out of 309 mayors, 1 district chairman out of 12.

15. Increased number of women in public life and the public administration: During this period

women were elected in key decision-making positions as Speakers of Parliament, Chief of the

Supreme Court, General Prosecutor, and President of the CEC and the Chairman of the High

Inspectorate of Assets Declaration etc. In 2008 the participation at specialist level was 58.8%

whereas in 2011 it was 64.9%. At middle management level is 40.2% in 2011. At senior

management level, the representation of women is 24.3% versus 75.7% held by men. In the year

2012 the data for the sharing between men - women in the civil service in ministries and in the

Prime Minister Cabinet are: in total - 59% female, 41% male. At management levels (ranging

from sector responsible - general secretary) - 47.8% female, 52.2% male, at executive level

(specialists) - 64% female, 36% male.

16. Representation in the justice system: In the High Council of Justice the number of women is

21.4%, out of 14 members in the Supreme Court 6 are women, a total of 42.8%. Member of the

Constitutional Court 1 female out of 8, a total of 12.5% are females. The statistics in 2010 show

that the representation of women judges in the two courts of the first two instance judgment is

32% of the total number. The number of women prosecutors in the first instance is 30%, in the

second instance 18% and in the General Prosecution 38%.

17. Economic consolidation of women and girls: This area remains one of the government's long-

term priorities. Economic consolidation of women and girls plays a key role in achieving gender

equality and reduce domestic violence. In the recent years, have been implemented programs to

promote employment and vocational training from which a significant number of girls and

women mainly those in need have benefited. Also, the CMD no 27, dated 16.01.2012 "On the

promotion of female employment seekers from special groups", intended to encourage Albanian

leaders and managers to hire unemployed jobseekers women from vulnerable groups, which

have difficulty to enter the labour market. It is also being worked to implement pilot programs to

promote business women through the implementation of programs like that of Credit Guarantee

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Fund for Export and Competitiveness Fund. These programs have served to promote women's

business by providing loans and incentive programs to open businesses.

18. Women in rural areas: governmental policies are focused mainly on supporting rural

women's consolidation and on this purpose Rural Development Strategy is oriented towards

creating employment opportunities in the rural areas by prioritizing the encouragement of the

investment among local people and particularly women and youngsters. Also in 2012, in the

evaluation criteria of the subsidy scheme is also considered to include with priority the

application when farms are managed by a woman.

Point 4 (c) and (d)

19. There are no complaints regarding the violation of the principle of equal payment for work of

equal value. State Labour Inspectorate, which is subject to the application of law in the field

found no such violation. In terms of complaints and sanctions applicable to violations of

respecting the principle of gender equality in elections under Article 175 of the Election Code, is

found that: Regarding the election of the local government held on the 8th

of May 2011, were

registered as electoral subjects 56 political parties. For the Municipality of Tirana were registered

in the multi-name lists in CEC, a total of 36 elective subjects. There were also recorded three

candidates for mayor in the Municipality of Tirana. At this stage, the CEC discovered the non-

implementation of the law related to gender equality with respect to multi-name list for the

Council of the Municipality of Tirana. In this case, the CEC pursuant to Article 67 of the

Election Code, issued administrative sanction for the electoral subject that did not respect gender

equality (every three names belongs to each gender) in multi-name list for Tirana Municipality

Council.

Question 5

20. With regard to measures taken to prevent and punish discrimination against persons

belonging to the LGBT community, in terms of improving the legal and subsidiary framework is

noted that: The Law 144/2013 "On some amendments to Law No 7895, dated 27.1.1995"

Criminal Code of the Republic of Albania ", amended, is reformulating existing provisions in the

letter" J "of Article 50 (Article 6) so that it is consistent with the terminology of the Constitution

and the law against discrimination to include all cases, which according to the legislation

constitute discrimination. Specifically this letter changes as follows: "j) when the offense was

committed due to reasons related to gender, race, colour, ethnicity, language, gender identity,

sexual orientation, political opinions, religious or philosophical beliefs, health status, genetic

predisposition or disability ... ". Also, Article 253: "Violation of equality of citizens" after the

word "sex" are added the words "sexual orientation or gender identity," then the article is

reformulated: "Performing because of the task and of its exercise, of employees by state function

or public service, the differences based on origin, sex, sexual orientation or gender identity,

health status, religious or political beliefs, trade union activity or because they belong to an

ethnic group, nation, race or religion, that results in unfair privileges or denial of a right or

benefit that comes from the law, punishable by ... ". This reformulation was made in order to

include other causes provided by law "On protection from discrimination" including sexual

orientation and gender identity of the person, ensuring a wider protection of persons against

discriminatory reasons for which the employee with a state function or public service can

differentiate citizens by violating the principle of equality. "It also reformulated Article 265 of

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the Criminal Code "Promoting hatred or strife", which is provided as a criminal offense even

where among other things happens because of sexual orientation.

21. In order to undertake concrete measures for the protection of LGBT rights, is designed

Action Plan for non-discrimination on grounds of Sexual Orientation and Gender Identity,

2012-2014, where a contribution was made by the Office of the Commissioner for the

Protection against Discrimination. Some of the measures envisaged in this plan are: training of

public administration at central and local government with new concepts and principles of the

law for protection against discrimination, organizing awareness campaigns, annual publications,

publications, leaflets, successful practices against discrimination; concrete measures by public/

private institutions and business activities to ensure equality under the law on anti-

discrimination, training of employment offices specialists and teaching staff on LGBT issues,

involvement in school curriculum / extra curricula on the rights of LGBT persons in the context

of human rights, revision of textbooks with discriminatory content. The approval of the Law "On

Protection against Discrimination", in February 2010, is a concrete step in the protection of

human rights initiated by the international documents. Law enforcement has the object and the

principle of equality in relation to gender, race, colour, ethnicity, language, gender identity,

sexual orientation, political beliefs etc.

22. Order no55 dated 14.04.2011 of the Minister of Labour, provides the establishment of a working

group near MoLSAEO "To design a plan of measures for persons with different sexual orientation." This

group is supported by other actors such as civil society organizations working in this field, international

organizations, representatives of academic field and the contribution of independent institutions such as

the Commissioner for Protection against Discrimination and Ombudsman, drafted the action plan which

includes measures to review the legislation in compliance with anti-discrimination provisions of

international documents and recommendations in this field, containing campaigns for raise public

awareness, etc. Also, on February 26th , 2013 is signed a Cooperation Agreement between the

Commissioner for Protection against Discrimination and the PINK Embassy / LGBT Pro Albania, in

order to promote further cooperation between them for a more effective protection against discriminatory

behaviour toward the LGBT community.

23. Activities developed to protect the rights of the LGBT community: A wide range of activities,

conferences and seminars have been developed: 1) Third National Debate for Human Rights in

Albania, held on December 17th

, 2010, in the third panel was discussed the protection of LGBT

rights in Albania; 2) Training on "Inclusion of LGBT issues in social policy", organized on

December 14th

, 2011 by PINK Embassy in the framework of enhancing cooperation between the

latter and institutions that have a role in terms of respecting the rights of the LGBT community;

3) "Diversity Festival", realized for the first time in our country, on 17th

May, 2012, as part of

the International Day against Homophobia, during this event were distributed informative

brochures "How the law protects LGBT " On Protection against Discrimination ", which was

drafted by a joint contribution of the Pink Embassy and the Commissioner for Protection against

Discrimination. 4) Seminar with the topic "Stop Violence: LGBT rights are human rights",

organized by the U.S. Embassy in 13-15 June 2012. In the meeting were cited a number of cases

which highlighted the problems of violence and discriminatory and threatening behaviour

towards the LGBT community; 5) National Conference on "Non-discrimination - Challenge and

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Commitment for Albania " in support of the United Nations Program for Development (UNDP)

in the framework of the program "One UN", on February 23rd

, 2011; 6) Roundtable Discussion:

"To better protect human rights against discrimination based on sexual orientation and gender

identity, on 28th

of July 2011, organized by MoLSAEO in cooperation with the PINK Embassy

and LGBT Pro Albania; 7) Roundtable discussion on the Council of Europe Project "Combating

discrimination based on sexual orientation and gender identity," dated February 7th

, 2012, with

representatives of inter institutional group. 8) Regional Conference "LGBT Movement in the

Balkans. Achievements and Challenges ", on 18-19 March 2013, organized by Pink Embassy

and COC Netherlands, with the participation of stakeholders and institutions such as MoLSAEO,

Commissioner for Protection against Discrimination, Ombudsman, as well as local NGOs and

those from the Balkan. 9) Albania attended the Regional Conference on the Rights of LGBT

Persons, organized on March 26th

, 2013 in Paris, under the auspices of the French Government in

collaboration with the European Commission and the Polish government. 10) On 23rd

of April

2013, was held the first meeting of the working group for the implementation of the Action Plan

for people with different sexual orientation and gender identity.

24. Sexual orientation discrimination complaints: Since year 2010 the Commissioner for

Protection against Discrimination has treated a total of 17 complaints of sexual orientation,

associated with many problems such as: the use of "hate speech", discriminatory language that

violates the dignity of the LGBT community, to exercise acts of violence, etc. In May 2012 CPD

has found out in a public statement a discriminatory language on persons belonging to the LGBT

community. The measure taken by the Commissioner's decision was to force the responsible

person to publicly apologize and to avoid in the future the use of language which produces the

effect of diffusion, promotes hatred or other forms of discrimination against persons because of

their sexual orientation and gender identity. While in May 2013, this institution has issued three

discrimination decisions: a discrimination decision is given after a complaint of PINK / LGBT

PRO Embassy claiming discrimination because of the sexual orientation of a person who is a

public figure associated with the language used in a newspaper article for the LGBT community.

Also, after ex-officio investigation, the Commissioner has issued a discrimination decision

against a person who is a political leader and analyst due to inappropriate language used against

the LGBT community, during a TV debate.

Right to life and prohibition of torture and cruelty, inhuman or degrading treatment, and the fight

against impunity (arts. 2, 6 and 7)

Questions 6 and 7

25. Based on the Constitution and international conventions on human rights, in the Criminal

Code there are a number of provisions regarding the illegal removal of freedom, kidnapping,

holding hostage the person, enforced disappearance, torture, punishment or cruelty, inhuman or

degrading treatment. Specifically are defined a number of provisions which guarantee that no

one could be subject to torture, punishment or cruelty, inhuman or degrading treatment and the

prevention of acts of torture or any abuse. In the Criminal Code (Article 86) the prediction of

torture as a crime is in line with the definition in the Article 1 of the Convention against Torture.

The Penal Code (Article 87) also defines torture or any other inhumane act as a criminal offense

so as these actions have serious consequences. By law no 9686, dated 26.2.2007 "On some

amendments to the Criminal Code of the RA has been amended section 86 of the Criminal Code,

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namely torture means" intentional crime conduct by which a person has suffered severe physical

or mental pain, by a person who performs public functions, or with his promotion or approval or

tacitly, in order: a) to obtain from him or another informations or statements b) to punish him

for an act conducted or suspected to have been committed by / or another person, c) to intimidate

or put pressure on another person or d) for any reason based on discrimination of any form, d)

any other inhuman or degrading act.

26. The Criminal Code (as amended by Law no 8733/2001 and Law no 9275/2004) in Article

109 is foreseen as a criminal act with respective sanctions "" kidnapping or holding hostage a

person even when it is committed against a minor under the age of 14 years old. Also in the

Penal Code (as amended) in section 110 are provided respective provisions and sanctions,

regarding the illegal deprivation of liberty.

27. Involvement in the Criminal Code of the RA with the law nr.144/2013, of the enforced

disappearance (Article 109 / a) as a specific offence, the degree of punishment in accordance

with the degree of risk, as well as other legal provisions on the illegal deprivation of liberty,

kidnapping, holding a person hostage, torture, punishment or cruelty, inhuman or degrading

treatment constitute an appropriate legal framework to prevent these acts and guarantees the non-

avoidance of the state against enforced disappearances, torture or other inhuman or degrading

treatments. Inclusion in the Criminal Code of the RA with the law no144/2013, of the enforced

disappearance as a specific offence, the degree of punishment is in accordance with the degree of

risk, as well as other legal provisions on the illegal deprivation of liberty, kidnapping, holding a

person hostage, torture, punishment or cruelty, inhuman or degrading treatment constitute an

appropriate legal framework to prevent these acts and guarantees the non-avoidance of the state

against enforced disappearances, torture, other inhuman or degrading treatments.

28. The mission of the State Police is closely linked to the respect of human rights and freedoms, in

particular of the persons stopped, arrested and detained at police stations. In order to plan, track

and monitor the implementation of measures to improve the treatment and respect of the rights of

persons taken into custody, detained at the police station, and the implementation of

Recommendation No 12 of the EC, the State Police adopted the Work Programme no1800, dated

02.04.2012 "On the performance of recommendation no 12 of the Analytical Report of the

European Commission and the Ombudsman. For monitoring and implementing the tasks to fulfil

recommendation no 2 of the EC, with the order no145 dated 04.04.2012 of the General Director of

State Police has established a central working group chaired by the Deputy General Director of the

Public Security Police. It has been made an assessment of all the cases when the police officer with

his action or inaction, has violated human rights and fundamental freedoms, namely the

accompanied persons, or detained / arrested at the custody and security premises.

29. Referring to statistics it is shown that in 2010 the Directorate of Professional Standards has

investigated administratively and measures have been taken for 22 police officers for violating

the discipline as foreseen by Article 11, point 5 and 14 dealing with the performance of improper

actions and unlawful or unreasonable use of force. While during 2011 several cases were

investigated administratively and disciplinary measures were taken for a) arbitrary act of duty to

the special police officers, as follows: For a disciplinary offence provided in Article 11, point 14

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of the Rules of Discipline of the State Police approved by the Decision no786, dated 04.06.2008,

which has to do with the use of illegal or unreasonable force, are investigated three cases: one

case is given disciplinary action expulsion from the police; 1 case was given the disciplinary

action suspension without payment for up to 30 days; for one disciplinary case was given

"Deferment of grading up to 12 months." b) for disciplinary offenses provided in Article 11,

point 5 of the Rules of Discipline, which has to do with indecent performing, 6 cases were

investigated, the first case was given disciplinary action expulsion from the Police; 3 cases

were given disciplinary action "suspension without payment for up to 30 days", for two cases

was given disciplinary measures "Deferment of grading up to 12 months." The Internal Audit

Service, in 2010, sent to the Prosecution a total of 17 criminal cases for violation of fundamental

freedoms and human rights on duty, for 24 police officers from whom 4 senior police officer and

20 police officers of the first-level of implementation. As for 2011, again from IAC were sent to

the prosecution a total of 4 cases for 4 police officers of implementation level.

During the inspections carried out in 2011 and 2012, the Department of Public Safety, in the

Regional Police Directorate and the Police in the districts, for the failure of non-fulfilling their

responsibilities to function in terms of respecting the rights and freedoms of persons taken into

custody and stopped, Chiefs sectors in Regional Police Directorates and Heads of Sections for

Order and Public Safety in the Police Stations were given 24 disciplinary measures.

30. The prosecution institution, on the basis of complaints or denouncements or by its own

initiative started criminal proceedings in cases of torture, abuse and other violent acts to the

detriment of the health of the accompanied arrested, detained, detainees or prisoners,

investigating and bringing in front of criminal liability the culprits. From 2010 to the first three

months of 2013 for these offences the prosecution has filed 100 criminal prosecutions for

criminal proceedings in cases of torture, in charge of 49 people. Defendants or under

investigation are employees of the State Police, Prisons, Police, State Intelligence Service and

local police. According to the offences there are prosecuted: - 98 proceedings, with 44

defendants for the crime of arbitrary acts, Article 250 of the Criminal Code; - 2 proceedings,

with 5 defendants, for the crime of torture, Article 86 of the Criminal Code. For these offenses

have been indicted in the court for 12 proceedings, against 21 individuals, who according to the

functions and roles are largely of base role. 66 proceedings against 35 individuals have been

closed due to the lack of evidence and 6 proceedings for misidentification of the offender and

continue the trace them have been suspended. Individuals, against whom charges are sent for

trial in the court, 21 were declared guilty and sentenced. Persons against whom a court has been

indicted and are condemned for ill-treatment are primarily representing employees of the State

Police and the Municipal Police. 11 persons were imprisoned, and 6 individuals were fined.

31. On 02/15/2011 Prosecution of Tirana Judicial District has registered criminal proceedings

no286 / 1 for offenses for arbitrary actions and abuse of power, provided by Articles 250 and 248

of the Criminal Code. Criminal proceedings are recorded on the basis of the report of some

citizens, participated in the protest held on January 21st, 2011 on the Boulevard "Martyrs of the

Nation." These citizens report the fact that during their accompanying after the demonstration in

the premises of the Police Stations were abused physically by the police officers of these

stations. For that criminal proceedings are conducted a number of investigative actions to

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identify and hold legally accountable police officers who have committed arbitrary actions

against these individuals.

32. Regarding the first part of question 6 we inform: Following the adoption of the Dick Marty

Report, in his capacity of rapporteur of the Parliamentary Assembly of the Council of Europe,

the Albanian authorities immediately expressed their willingness in cooperating as quickly and

effectively with EULEX Special Investigative Task Force, for the investigation of the unfounded

allegations made by the rapporteur Marty. Considering the importance of a full and transparent

clarification on the allegations raised in this report, the Assembly of the Republic of Albania

adopted the law "On jurisdictional relations in criminal matters with the EULEX special

investigation unit" in May 2012. Based on this law, EULEX prosecutors are allowed to

investigate within the Albanian territory on the alleged implications of Albania in the illicit

trafficking in human organs in the Albanian territory mentioned in Dick Marty's report.

33. Referring the question 7 regarding the investigations of the cases during the events of

January 2011, the structures of the Ministry of Interior (Internal Audit Service) have conducted

an inspection. Pursuant to the Order of the Director General of ICS no 82/1, dated 04.02.2011

"On the performance of extraordinary structures Inspection of State Police" and the Inspection

Protocol no 82/2, dated 04.02.2011, sent by letter no. 82 dated 04.02.2011, the Directorate

General of State Police, extraordinary inspection took place in the structures of the State Police.

In conclusion, the report contains 12 recommendations on the management of the situation by

the State Police structures before, during and after the events of 21 January 2011, which provide,

among other, to respect strictly the rights and fundamental freedoms by the structures of the State

Police, in association, detention and arrest, use of force must be proportional to the degree of risk

and should not exceed the limits of the present situation. On the recommendation "Adopting of

the eventual development of a comprehensive plan for future situations where a considerable

number of persons could be taken under supervision at the same time", it may be noted that

keeping the simultaneous treatment of a significant number of people arrested / detained (like the

21 January) on the security rooms County police Department and police stations in Tirana, is

impossible because of the number of rooms and security rooms is limited. One other is about the

"Review of policy on crowd control operations, which often include persons deprived of their

liberty and training to police officers who commit this type of operations".

34. Regarding the criminal proceedings against police officers who have violated the rights of

persons accompanied, arrested/ detained, by the Internal Control Service for the period January -

May 2011 have been conducted the procedural actions which have referred to the prosecution in

4 cases of police charged the executive level, for violation of human rights, committing actions

arbitrary, other intentional injuries and beating. During the period 2011-2013, the Internal

Control Service has sent to the Prosecutor of the Judicial District, 9 criminal referrals (cases) for

13 police officials, where one police was officer of the first management level and 12 officers of

executing level, for the charges of ill-treatment and violence during the accompaniment of

persons on the premises of police stations. All these referrals are initiated by complaint from

citizens. For 4 of these cases has been decided the discontinue of the proceeding or the dismissal

of the case by the prosecution. At the General Police Directorate has been established a working

group to review the rules and procedures laid down in the "Manual of rules for handling and

12

securing a detained in police units "approved by order no. 64, dated 25.01.2010 of the General

Director of Police. This Working Group was established to ensure full respect of fundamental

freedoms and human rights and in particular to persons deprived of liberty (the arrested /

detained persons) during the activity of the State Police and for the implementation of the

recommendations made by the European Committee for the Prevention of Torture, Ombudsman

and other institutions.

Question 8

35. One of the priorities of the Albanian Government has been consistently fighting for the

prevention and reduction of gender violence and domestic violence. In this context, hard work

has been done to complete the legal framework, for the establishment and strengthening of new

structures in support of victims of domestic violence, capacity building of professionals through

training, awareness campaigns.

37. Law No 9669 dated 18.12.2006 "On measures against violence in family relations", aims at

preventing and reducing domestic violence in all its forms and to guarantee, through legal

measures, the protection of family members, who are victims of domestic violence, paying

particular attention to women, children, the elders and disabled people, providing the defendant's

right to appeal in court. Deadline for appeal of an order of protection is 15 days (Article 17, point

3 (d)). Deadline for appeal of an emergency protection order is 5 days (Article 19, point 3 (d).

The appeal does not affect the implementation of the order which shall be effective and apply

immediately. This means that the perpetrator while waiting for the appeal is bound to apply the

order of protection. The appeal filing does not suspend the execution of the court decision to

issue an emergency protection order or an order of protection (Article 21, point 3). The filing of

appeal does not suspend the order of protection, which remains into force (Article 22, point 3).

38. In 2010 - April 2013 there have been significant steps in improving legislation and legal

framework in support of the victims of domestic violence: 1) In September 2010 the law

no10329, dated 30.09.2010 was adopted "On some amendments to Law No 9669, dated

19.12.2006" On measures against violence in family relations ". The main purpose of this law

was to solve some problems that have arisen during its implementation and the establishment and

support of special responsible structures for the protection, support and rehabilitation of victims,

prevention and mitigation of consequences of domestic violence. The changes in the law paved

the way to the establishment of the first national shelter for victims of domestic violence,

increasing the national referral system for victims of domestic violence as well as providing free

legal aid to victims of domestic violence. 2) The amendments made to the Law No10.399 dated

17.03.2011, "On social assistance and social services" (as amended) that sanctioned the right of

withdrawal of economic assistance not only to belong to the head of the family, but also included

abused women when they are provided with protective orders. Also the woman has access to

benefits and social assistance in cases the spouses are divorcing and a court final decision has not

been pronounced yet.

39. With the law no104/2012 dated 08.11.2012 the Albanian Parliament ratified the Council of

Europe Convention, "For preventing and combating violence against women and domestic

violence." With the ratification of this Convention, Albania once again was committed to

13

cooperate at regional and international level against gender violence and domestic violence, as

well as legislative measures, political and executive ones to combat the phenomenon.

40. The Criminal Code of the Republic of Albania addresses a wide range of offences and

punishment measures for their performance, which are based on the violence against women.

The legislation provides that the commission of criminal offences gender-motivated constitutes

an aggravating circumstance and increases the author / authors penalty sanction of

accomplishment. This provision also provides the aggravating circumstance of committing

criminal offenses of weak motivation. The concept of weak motivation is elaborated by the

jurisprudence by including the killing of women committed in the name of honour. In these

circumstances, the judge of the case decides the appointment of a security period, during which

no parole is allowed for the defendant. (Article 64, the Criminal Code).

41. One of the most important legal amendments is the inclusion of domestic violence as a

criminal offense in the Criminal Code of the Republic of Albania. With the amendments made to

the Criminal Code, the Law No 23, dated 01.03.2012, domestic violence is a crime foreseen in

Article 130 / a, which mentions the forms of violence, as well as measures to protect the

environment of the subjects of this article. The changes have also included systematic

psychological and economic abuse, as well as measures to liberate the victims of domestic

violence from the obligation to stand a trial in the case of "minor physical injuries."

42. Also another important amendment made recently in the Criminal Code is in Law 144/2013,

the addition of the offence of murder because of family relations (Article 79 / c), so deliberate

killing of a spouse, former spouse, cohabitant or former cohabitant, or close sex or marriage

close relation to the offender shall be punished not less than twenty years or life imprisonment.

43. The blood feud phenomenon is unacceptable in the Albanian society and must be fought with

more rigor and determination. For this reason the Law 144/2013 "On amendments to the

Criminal Code" has foreseen the increase of the penalty for this blood offense thus conveying a

clear message and determination in combating intolerance and even to punish this offense. So

after the Article 78 of the Criminal Code is added Article 78 /a in which it is predicted that

intentional homicide for blood feud is sentenced to not less than thirty years or life

imprisonment;

41. Another measure is the inclusion of marital rape as a criminal offense and stricter sanctions

against this offense. Thus, in the Article 102 of the Penal Code as amended by Law 144/2013, it

is foreseen stricter measure of punishment for committing rape, inter alia, between spouses.

42. The Office for Budget Administration of the judicial system has its annual budget which

covers all court expenses under applicable laws and regulations including the costs associated

with application of the law on domestic violence.

43. In order to take measures to reduce the maximum cases of family violence, the High Council

of Justice, with decision no 297 dated 15.11.2012, point 9 has set the realization the thematic

inspection for the period 01.01.2011 to 30.06.2012, in the first instance courts and appeals, in

14

connection with the examination of issues relating to 'taking measures against domestic violence.

The inspection report is being compiled.

44. Supporting victims of domestic violence with residential services and shelters: Law No 9355

dated 10.032005, "For the Relief and Social Services", as amended sanctions that: social care

services, according to the way of financing, are classified into public and private services. This

means that services toward the person can also be organized by private entities. Public social

care services include social care services that are offered in residential institutions, every day or

at home, for vulnerable groups including victims of domestic violence. These services are funded

from the central budget and the budgets of independent local government under the law: i) Town

hall or municipalities administer social services to all individuals who are residents of the city or

municipality; ii) The district administers services when they are provided to individuals

belonging to several local units in the district. Private social care services include social care

services that are offered in residential centres, every day care centres or at home, self-paid.

45. In the Republic of Albania there are 24 private social care services for victims of domestic

violence and the National Centre for Victims of Domestic Violence (state). Sorted by service

typologies there are 7 non-public entities that provide residential services, two in Tirana, one in

Berat, one in Kora, one in Elbasan, one in Vlora and one in Gjirokastra and a public entity that

provides residential services in Tirana. There are also 17 non-public entities that provide

community services (counselling, advocacy, integration etc.) for victims of domestic violence

distributed in 12 districts.

46. The time beneficiaries can spend (victims of domestic violence) in the centre is in accordance

with their needs, this is performed by evaluating the needs of the beneficiaries of the

multidisciplinary team which is reflected in the plan of care according to standard No2, of the

CMD no505 dated 13.07.2011 "On approval of standards of social care services for victims of

domestic violence, in residential centres, public and non-public" and Instruction No 13, dated

17.12.2012 "On the implementation of standards of social care services for victims of domestic

violence, in residential centres, public and non-public. In order No36 dated 18/03/2011 of the

Prime Minister was established the National Centre for Treatment of Victims of Domestic

Violence and in April of that same year the Centre began functioning. Establishment and

operation of the centre was supported by UNDP in the framework of "One UN" program. The

purpose of this centre is the rehabilitation of women, girls and children of domestic violence.

The centres mission is to provide social support and quality services, consistent with

contemporary standards of domestic violence victims (women, girls, children, boys up to 16

years old) and social care needs in order to promote independence, inclusion, dignity as well as

their integration into normal life. There is available service and treatment 24 hours a day by

providing specialized assistance for rehabilitation and return to normal life until the disposition

of their close family, or in other appropriate places.

Question 9

49. Due to the high social risk posed by the criminal offense of murder for revenge, Article 78 of

the Criminal Code stipulates that murder committed on interest basis, blood feud or revenge, is

15

an offense against the life of the person who is charged with no less than twenty years or life

imprisonment.

50. State Police have taken steps to prevent blood feud phenomenon based on detailed measures,

which are compiled periodically. The latest action plan is the one with no1277, dated

10.24.2012. In accomplishing the tasks determined in this plan, the regional police departments

compiled a list with all family names in conflict, in constant contact. All feud motivated crimes

are detected and perpetrators are punished by the courts. On district bases, revenge motivated

murders were mostly recorded in the region of Shkodra, Lezha and Kuks. Due to blood feud

and in special occasions due to revenge there are families or individuals that confine their own

freedom.

51. The situation of the blood feud motivated murders during the last five years: 1) In 2008,

were evidenced 5 murders for blood feud. 2) In 2009, was evidenced 1 murder with blood feud

motivation. - in 2010 were evidenced 5 murders with blood feud motivations. 3) In 2011 were

evidenced 5 murders with blood feud motivations. 4) In 2012 evidenced 8 murders with blood

feud motivations. 5). The first trimester of 2013, no cases evidenced.

52. Statistics related to: Article 78/2 "premeditated murder for blood feud" Article 83 / a "Serious

Threat for revenge or blood feud" article 83 / b "Incentive for blood feud " are as follows:

Criminal Cases Year 2011

Article

Cases

(in total)

Concluded

Not

Concluded

Time of judicial decision

Until 2

months

2 - 6

months

6 months -

1 year

More than

1 year

78/2 16 13 3 4 4 1 4

83/a 1 0 1 0 0 0 0

83/b 0 0 0 0 0 0 0

Criminal Case of the first 6 months of the year 2012

Article

Cases

(in total)

Concluded

Not Concluded Time of judicial decision

Until 2

months

2 - 6

months

6 months -

1 year

More than

1 year

78/2 6 1 5 0 0 1 0

83/a 3 1 2 1 0 0 0

83/b 0 0 0 0 0 0 0

The Convicted of the first 6 months - 2012

Article Convicted Innocent Exempted In total

78/2 3 0 0 3

83/a 1 0 0 1

83/b 0 0 0

16

Question 10

53. In the Law no10347 "On Protection of the Rights of the Child" is determined the childrens

right of protection from all forms of violence: a) physical and psychological violence; b) corporal

punishment and humiliating and degrading treatment; c) discrimination, exclusion and resentment;

d)abuse and neglect; e) disregard and neglect; f) exploitation and abuse; g) sexual violence.

54. Pursuant to this law there are established and function institutional mechanisms responsible

at the local level, which have the task of implementing and respecting the childrens rights. In all

regions of the country are established Children's Rights Units (CRU) to monitor the

implementation of law and realization of children's rights in the region. While at municipality /

district level are established around 130 Child Protection Unit (CPU). These units are responsible

for protecting children against all forms of violence, including body punishment of children.

CPU are required to identify, assess, and manage cases of children at risk by coordinating these

actions with all the necessary stakeholders to improve the situation of children as local

authorities, but also the children themselves (when it is possible ), parents, community, etc.

55. Also, pursuant to the Joint Order No 125, dated 08.23.2012, the Minister of Interior and

Minister of Labour, Social Affairs and Equal Opportunities, "To protect the childrens rights

exposed to various forms of abuses " is coordinated the work with the relevant structures of SSS

(State Social Service), by identifying and treating 30 children who exercised the beggar, of

whom three are sheltered in the" National Centre for Victims of Trafficking "in Linz, two are

sheltered at Child House in Shkodra and a Baby in the House of Sauk-Tirana. The other children

are left under their parents care and the relevant structures followed by SSS.

56. State Agency for Child Protection in collaboration with UNICEF, has started a cycle of

training of local administration in all regions of the country associated with the realization of

children's rights, the applicability of the law "On the Rights of the Child" and his by-laws. These

training sessions are attended by representatives of local institutions such as the police, health,

education, social services, etc.

57. All schools in the country are equipped with informational materials about New Ways of

Discipline (NWD). An important part of this program is also the community involvement of

parents in receipt of NWD. The Ministry of Education and Science is currently promoting

psychological services in schools. This service operates in all urban areas and is extended step by

step and in rural areas, primarily in schools with a large numbers of students. School

psychologists are working to build the capacity of school administrators, teaching staff, children

and parents to use child-centred approaches, promoting participation and strengthening the links

between school, family and child. They also affect in encouraging schools to use child protection

policies, identifying violence inside and outside the school and its address through

multidisciplinary approaches.

58. Recent amendments to the Criminal Code of the Republic of Albania reflected in the Law

No144/2013 "On some amendments to Law no 7895, dated 27.1.1995 "Criminal Code of the

Republic of Albania", amended bring changes to Article 124 / b "maltreatment". The second

paragraph of this article is amended as follows: "Obligation, exploitation, drive or use of the

17

minor to work, to provide income, to beg or perform actions that affect his mental development

and / or physical, or education, are punishable by two to five years imprisonment. The margins

of punishment have moved and have made tougher the latter compared with the previous

Criminal Code, but also due to a minor addition to work, to provide income, to beg, or to

perform actions that impair his mental development and / or physical (cutting provision provided

by the previous code) are already provided as offense the exploitation, pressure and the use of a

minor to perform the latter.

The elimination of slavery and servitude (Article 8)

Question 11

59. Important developments for the identification, referral and assistance to victims / potential

victims of trafficking and the implementation of the National Referral Mechanism:

Bylaws approved: 1) Order No 69, dated 25.01.2010 of the General Director of State Police "For

the work coordination between central and local structures for the fight against human trafficking

and identifying victims of trafficking"; 2) Decision of the Council of Minister (DCM) no142,

dated 23.02.2011 On approval of the National Action Plan to Countering Human Beings

Trafficking" and the additional document" Action Plan for the Fight against children trafficking

and protecting child victims of trafficking "; DCM no 582, dated 27.07.2011 "On approval of

Standard Operating Procedures (SOPs) for the Identification and Referral of Victims / Potential

Victims of Trafficking". By this Decision is expressed the commitment to provide protection and

assistance to victims and ensure potential victims of trafficking. To ensure this objective are

already implemented and monitored standard operating procedures for the identification and

referral of victims of trafficking (SOP), procedures which ensure proactive identification of

victims / potential victims of trafficking and a quickly and secure reference. Adoption and

implementation of SOPs, has made it possible the institutionalization of the steps to ensure the

identification, rehabilitation and reintegration of victims / potential victims of trafficking.

3)Instruction no 07, dated 10.01.2012 of the Ministry of Interior "On Approval of the procedures

and records, which will be met by representatives of the State Police and Municipalities /

Municipal Units / Municipalities, to find cases of children and registered in the Registry ".

60. The New Cooperation Agreement on the Functioning of the National Referral Mechanism for

Victims / Potential Victims of Trafficking in Persons was signed on 11th

of June 2012. This

agreement aims the identification, referral, protection, support and upgrade for victims / potential

victims of trafficking, as well as their reintegration. This act is part of a common institutional

goal against human trafficking, raising public awareness, and fulfilment of social and moral duty

to support the re-integration of victims of trafficking. Also, in the agreement is reflected the

expansion of partnerships with many different actors of the civil society and state authorities

such as the Ministry of Education and Ministry of Health, which are already supporting the

rehabilitation of victims of trafficking and potential victims of trafficking.

61. Information for victims / potential victims of trafficking for the period 2010-2012. Year Numbers of victims / potential

victims of trafficking

Children Adult Albanian

victims

Foreigner

victims

2010 97 14 83 97 0

18

2011 84 39 45 84 0

2012 92 26 66 90 2 (masculine)

Data on registered cases for criminal proceedings, perpetrators and penalties for criminal offenses of

"Trafficking in Persons" for the period 2010-2012.

Year No of cases

referred by the

police

No of criminal

proceedings

registered by

the Prosecution

The number

of the

authors

identified by

the Police

The number of

the authors

proceeded by

the Prosecution

The number of people

convicted and the measures

of conviction by the

Supreme Court, First

instance

2010 37 39 51 29 11 people

7 - 15 years of imprisonment

fine 3 - 4 million ALL

2011 23 28 34 27 6 people

10 - 15 years

Fine 4-6 million ALL

2012 31 30 35 11 2 people

10-15 years of imprisonment

Fine 4-6 million ALL

Right to liberty and security of person, treatment of persons deprived of their liberty and

fair trial (arts. 9, 10 and 14)

Question 12

62. The Law on State Police, Article 64 defines the obligation to guarantee medical assistance,

namely: 1) When an officer is entrusted with the maintenance of a person for whom he estimates

it needs medical attention, medical help must be sought and take necessary measures, reasonably

practicable to protect the life and health of the person; 2) If an employee harms a person on duty,

he should seek medical help and take the necessary and practicable to protect the life and health

of the person.

63. Near each district Police Directorate functions the Health Service, where persons detained

/arrested have full access to immediate contact with the doctor, get the necessary medical help

within the security premises and under doctor's care, sending them to the other Health Centres

for further medical treatment. During all stages of the investigation, the detainees / arrested have

the right of the presence of a lawyer and also in financial difficulties to ensure the state attorney.

The presence of a lawyer is conducted at any time of the investigation stage, and actions are

reflected in the procedural documents drafted by the Judicial Police Officers. The detainees

/arrested are sent for evaluation measure in court within the legal time limits, limits that are

provided in the Constitution of the Republic of Albania. We have no recorded cases of violation

of these terms.

64. In the context of respect for the rights of this category is designed the project on amending

the law "On the State Police". This bill provides: 1) The rights of persons accompanied detained/

19

arrested for appealing to their claims. 2) The obligation of the police structures to track / review

within a month of answering the complainant; 3) The right of non-governmental organizations

(NGOs) to monitor and observe at all times the security premises of the association and police

departments.

65. Several bylaws are approved: 1) Order No763 dated 27.09.2011, of the General Director of

State Police for approval of "Rules and Procedures Manual of Standard Treatments and Security

of Persons Arrested and detained in police units". 2) Order No 158, dated 12.04.2012 of the

General Director of State Police "To reshape Registry Identification data for escorted in the

Directorates and the Police Stations". 3) Order No371 dated 08.08.2012 of the General Director

of State Police "Establishing and putting into operation the Registry to identify, address and

resolve complaints / requests of persons deprived of liberty in the premises of the State Police.

4) Order No372 dated 08.08.2012 of the General Director of State Police "Procedure for

approval of a standard for public order and security" identification, management and resolution

of complaints / requests for persons deprived of their liberty, in premises of the State Police,

"standard operating procedure for public order and security" identification, management and

resolution of complaints / requests for persons deprived of their liberty, in the premises of the

State Police. "

66. Several cooperation agreements are signed: 1) Cooperation Agreement between the General

Directorate of State Police and the Albanian Centre for Rehabilitation of Trauma and Torture,

"For prevention of torture, maltreatment and increase the level of respect for freedoms and rights

of persons deprived of their liberty, in the premises of police State ", dated 23.01.2012;

2)Cooperation Agreement between the General Directorate of State Police and the

Commissioner for Protection from Discrimination, dated 16.01.2012; 3) Cooperation Agreement

between the General Directorate of State Police and the Albanian Helsinki Committee, dated

26.03.2013; 4) Cooperation Agreement between the General Directorate of State Police and EIT

with no1627 No27 dated 03.25.2013 and dated 25.03.2013.

67. In April 2012 was held a meeting among the senior of the State Police and the representatives

of some NGOs that protect human rights, in order to enhance the level of cooperation and

provide full access for inspections and visits to the police station to monitor whether the rights of

persons deprived of liberty in police premises are respected. Present at the meeting was the

Director of the Unit for the Prevention of Torture near the Ombudsman. Also, several meetings

between senior State Police and the Ombudsman, where have been made present the measures

and the planned actions have been implemented, and is required to establish a regular

cooperation in order to achieve timely and quality appropriate tasks and recommendations of the

Ombudsman. At these meetings it was decided that a representative of the Ombudsman will

assist the working group of the General Directorate of State Police to implement the

Ombudsman's recommendations and those of the Council of Europe.

68. OSCE Presence in Tirana in cooperation with PAMECA Mission in January 2012 funded the

production of 1000 (one thousand) copies / brochures of this manual, which was distributed to all

central and local structures of the police. Following were also produced other 800 (eight

hundred) printed posters with the rights of persons arrested / detained and escorted. Also funded

20

by the OSCE presence became possible to produce 4000 (four thousand) leaflets on the rights of

persons arrested / detained in 6 languages like English, Italian, Greek, French, Macedonian,

Romanian, which were distributed to all local police units including the border crossing points.

Question 13

69. Article 27 of the Albanian Constitution cites that no person may be deprived of liberty except

for the cases and according to procedures established by law, as well as in cases and proceedings

of restricted freedom. Article 28 cites the rights, treatment and deadlines and the right to justice.

In relation to the right of compensation, Article 44 of the Constitution provides that everyone has

the right to be rehabilitated and / or indemnified in accordance with the law if it is damaged due

to an act, illegal action or non-action of the state bodies1.

70. Article 109 of the Criminal Code provides for the prohibition of abduction of a person, article

109 / a provides the punishment of kidnapping in mitigating circumstances, while Article 110

provides for the cancellation of unlawful detention, Article 250 provides for punishment of

arbitrary actions by employees who work in state institution or civil service in exercising the

duties, which affect the freedom of citizens, Article 251 punishes failure to take measures to stop

the illegal situation, and Article 252, which condemns the detention without being sued.

71. Law 9749, dated 4.6.2007, "On the State Police" provides that the mission of the police is to

maintain public order and security, in accordance with the law while respecting the rights and

freedoms of the people. Article 4 of the Law "On the State Police provides responsibilities as

follows: in the responsibilities of the Police is provided the protection of human life, safety and

personal property, to prevent, detect and investigate, in accordance with the criminal law and

criminal procedural law and the performance of their authors, to protect public order and

security. Regarding the treatment of the accompanied person article 64 of the law stipulates the

obligation to guarantee medical assistance, provided that when to an officer is entrusted the

preservation of a person for whom he estimates that needs medical care, the Police should seek

medical help and take the necessary measures, to protect the life and health of the person. If an

employee harms a person in the course of an action when on duty, he should seek medical help

and take the necessary and practicable guidelines to protect the life and health of the person.

72. In taking action to avoid risk measures are proportional to the degree of danger and it should

not be overstepping the boundaries of the need for the presented situation. Also the law "On the

State Police" stipulates the obligation of the police to report the relevant violation on the

superiors or, in his absence, any offense for which he has reasonable suspicion to believe that has

been committed by a person, whether it is aware of the breach in the performance of duty or in

other situations. The accompanying of the persons in the offices of Police is done for the

supervision of a minor for education purposes or to bring them to the competent authority, and

when the person is the carrier of a contagious disease, mentally incompetent and dangerous to

society. The accompanied persons have the right to humane treatment and respect of their dignity

and are kept in detached from the detainees. They are immediately notified by the police officer

1 Detailed information regarding the constitutional and other legal provisions given in Annex No 5 attached.

21

for the reasons of going into the police. The keeping of the people in the police lasts until the

necessary verifications are carried out, but not more than 10 hours.

73. For the accompanying and holding persons in the offices of Police, the Police officer

prepares the action document and immediately notifies his superior or body concerned to resolve

the case. In all cases the association and retention in the police offices are taken in consideration

the personal and family conditions of the associated person.

The escorted people are immediately notified for the reasons of escorting, as well as the right to

inform a relative or a person whom he trusts. If the accompanied person is unable to exercise his

rights as above and if against the will of the person, the police will notify mainly persons

mentioned above. When the person accompanied is a minor, then in each case is immediately

notified the person responsible for his supervision. The same applies to adults, who are assigned

to a career. Females and males are accompanied in isolated environments. The minors are

accompanied in separate environments from those of adults.

74. In the Code of Criminal Procedure ( CCP) are mentioned the rights of the victim of the

offense, namely (article 58): 1) "person or his heirs aggrieved by criminal offense have the right

to seek prosecution of the guilty and compensation for damage; 2) the injured person who has no

legal capacity to act, exercises the rights that are recognized by law through his legal

representative; 3) the injured party has the right to file claims in the proceeding and to request

evidence. When the request is not accepted by the prosecutor, it has the right to appeal in court

within five days of receiving the notice "(Article 58). In Article 59 of the CCP in relation with

the injured accuser is stated that "a person who is aggrieved by the offenses provided in the Penal

Code2 has the right of petition in the court and to take part in the hearing as a party to proof the

charge and to obtain compensation. 2. The prosecutor participates in the trial of these cases and,

where appropriate, requires the punishment of the defendant or his innocence. 3. If the injured

accuser or his appointed counsel did not appear at the hearing without a good cause, the court

decides to dismiss the case. CCP sets the procedures concerning the compensation for unjust

imprisonment and the Civil Code provides for compensation for damage caused illegally and

with guilt. Article 60 provides for the submission of the application modalities of the injured

accuser before the court, and determines that the request should be submitted as it is attributable

to the offense person.

75. In relation to compensation for unjust imprisonment in the Code of Criminal Procedure,

Article 268, provides application conditions, specifically: a) the one who is pronounced innocent

by a final decision is entitled to compensation for serving detention, apart from when is proved

that the wrong or non-disclosure in a timely manner of the unknown fact is wholly or partly

attributable to the individual; b) the same right belongs to the prisoner who had been detained,

when by a final decision is confirmed that the act with which the measures are taken is issued

without the conditions provided by Articles 228 and 229; c) the provisions of paragraphs 1 and 2

shall also be applied in favour of the person to whom the case has been dismissed by the court or

prosecutor; d) when the decision of the court establishes the fact that it is not foreseen by law as

a crime, because of the nullification of the respective provision, the right to compensation is not

recognized for the part of detention served before the nullification. In Article 269, the claim for

2 Articles 90, 91, 92,

112 first paragraphs, 119, 120, 121, 122, 125, 127, 148, 149, 254.

22

compensation is determines that: a) the claim for compensation must be made otherwise it is not

accepted, within three years from the date on which the judgment of guilty or suspension of the

case has become final. 2) The amount of compensation and the method of calculation, as well as

cases of home arrest compensation are determined by a special law.

76. Law no 9381 dated 28.04.2005 "On compensation for unjust imprisonment" has as an object

the regulation of benefit and compensation cases for unjust imprisonment, including house arrest

and the extent and manner of its calculation and application procedures, salary and compensation

for unjust imprisonment. The right to compensation for the detention suffered if for the person

who is declared innocent or for the case which has been dismissed by the final court decision or

prosecutors, or held in jail after the time specified in the sentence.

Question 14

77. As mentioned in question No 6 of the Criminal Code it is specifically provided as a new

criminal offense the "enforced disappearance". Also the CC provides as a criminal offense the

unlawful deprivation of liberty, as well as unfair and abduction of a person.

78. In connection with secret arrests the State Police informs that there are not secret arrests. For

specific foreign nationals who carry out illegal activities such as terrorist acts within our territory

or acts against the interests of our state, legal obligations foreseen in the Criminal Code are

applied, this means that police structures are propelled only on paper - messages coming from

the structures of the respective states. Persons are put on the checklist and in these conditions are

carried out procedural actions under the direction of the prosecutor.

Question 15

79. According to Law no 8432, dated 14.12.1998 "On asylum in the Republic of Albania",

amended by Law no 10060, dated 26.01.2009 " Albania recognizes and respects the obligation

not to return and remove from its territory, individuals who have sought asylum or temporary

protection or to whom asylum was granted in these cases: a) in a country where their life or

freedom would be jeopardized due to racial, religious, nationality, membership in a particular

social group or political convictions discrimination, or b) in a state where they would be subject

to torture and inhuman and degrading punishment, or any other treatment provided for in

international treaties to which Albania is part, and c) the country of origin, in case they are

granted temporary protection in accordance with the provisions of this law d) in a third country,

which can send a person back to a country indicated in paragraph "a" and "b" of this article. The

asylum seeker whose application for asylum has been rejected by the Department for Citizenship

and Refugees, are not expelled from the territory of Albania, before signing a legal provision for

the possibilities for the exercise of procedural rights and safeguards provided in the law.

80. The Department of Citizenship and Refugees performs the application and hearing sessions

pursuant to the Law No 8432, dated 14.12.1998 "On asylum in the Republic of Albania", as

amended, and these asylum seekers are in the process or have already made the decision. With

regard to persons entering the country illegally are subject to a form of selection for asylum. The

selection procedure aims at preventing the return of foreign persons entering illegally in the

territory of the Republic of Albania and enables them to be identified as asylum seekers or

irregular immigrants. This procedure is carried out by the Border and Migration Police, in close

23

and constant communication with the Department of Citizenship and Refugees. Although the

number of asylum seekers is low, it is important that the Department of Citizenship and Refugees

provide a literal implementation of the law on asylum. This shows a full commitment to

fundamental rights, like the right to international protection from persecution and torture or other

forms of treatment.

81. Also in terms of legal framework it is highlighted: 1) Decision of the Council of Minister

(DCM) no1102, dated 04.11.2009 "On the treatment and health services to persons who have

been granted asylum and of persons who have applied for asylum in the RA"; 2) Decree of the

Minister of Education no 32, dated 26.10.2009 "On the registration and evaluation of students

who have been granted asylum in the RA. 3) Rules of Procedure of the National Reception

Centre for Asylum Seekers, in Babrru Area, no 1561/2, dated 16.05.20073.

Question 16

82. The High Council of Justice is a constitutional body specially arranged in Article 147 of the

Constitution of the Republic of Albania. Law no 8811, dated 17.05.2001 "On the organization

and functioning of the High Council of Justice", as amended, provides that the Council is the

only authority responsible for the state to realize protection, appointment, transfer, discharge,

education, moral and professional assessment, career and to control the operation of the first

instance and appeal court. The organizational structure of the Council is a guarantee for its

independence: out of 15 members, 9 are elected by the judges in the National Judicial

Conference, in which are entitled to attend all court suits of first instance and appeal courts to

members of the Supreme Court

83. To ensure a more efficient and transparent functioning, the Council has adopted for the

period 2010 up to now, a series of laws that define detailed rules, in order to ensure transparent

procedures to select the best candidates to fill the vacancies: 1) Decision No 269/2, dated

27.09.2010 "On detailed rules for the scoring system of mandatory application in the selection of

candidates to fill vacant seats in the Courts of Appeal and the Supreme Court ". 2) Decision

no274 / 2, dated 16.02.2011 "On the organization and functioning of the Commission to review

the nominees', as amended by Decision no294 / 3 dated 09/14/2012.

84. In the framework of the measures against corruption in the justice system, are approved

constitutional amendments related to limiting the immunity of judges. The High Council of

Justice is currently conducting the assessment and training of judges, so far has assessed 130

judges, which will increase the accountability of duty by judges. Special importance is given to

the complaints of citizens. There is a special portal on the official website of the HCJ where all

the complaints are directly stored. The inspectorate verifies each file and when ascertains the

existence of disciplinary or dismissal of judges cases, disciplinary proceedings may be initiated.

The HCJ has a special register for the complaints of the citizens, which has recently added a

special section to identify separately the complaints on corruption cases.

3 Information regarding the function of the National Centre for Asylum Seekers reception is given in Annex no 6.

24

85. In the table below, are provided the statistics on complaints filed in 2010, indicating the total

number of complaints received, the number of complaints that are estimated to be verified by

inspectors and the number of complaints where disciplinary violation were verified :

Year Total number Verified complaints Number of complaints with

disciplinary violations

2010 1047 227 74

2011 995 273 76

Year Number of

complaints

Un based

complaints

Verified

Complaints

Complaints

with

violations

For

professional

evaluation

Emphasis

of

violation

in written

from

Sent to

the

Ministry

of

Justice

2012 767 379 72 28 18 4 6

Januar

y-May

2013

368

158

53 81 29 44 8

86. From 2010 till now, the High Council of Justice has reviewed the request of the Minister of

Justice for judicial disciplinary proceedings and has taken 36 decisions accordingly. In

connection with the operation of inspectorates, on 09/13/2012 was signed the Memorandum of

Cooperation between the Minister of Justice and Vice Chairman of the HCJ "To avoid the

overlapping of responsibilities in judicial inspection". The purpose of this memorandum is to

harmonize the procedures and practice of judicial inspection at both institutions. This

cooperation is realized mainly through the exchange of information on a regular basis on the

program of inspections, complaints filed and court statistics. The implementation of the

memorandum resulted effective in fulfilling its goal. With the assistance of EURALIUS III, it is

published the manual for the verification of complaints procedures and inspection of courts of

first instance and appeal courts and it is available to inspectors of both institutions, as well as

were organized trainings.

Question 17

87. In recent changes to the Code of Civil Procedure, approved by law no 122/2013 On

amendments to the Law no8116, dated 29.03.1996" Code of Civil Procedure of the Republic of

Albania "amended", are included several measures aimed at shortening the time of trial. Thus:

1) The last paragraph of Article 35 differs from predicting that the judgment of the Supreme

Court cases is made by three judges and not by five judges for all cases that at first instance are

judged by one judge , thereby accelerating the trial. 2) The second paragraph of Article 63 is

amended by providing that the appeal hearing in chambers, in college with a panel of three

judges and the Supreme Court is stated in a reasonable decision not later than 30 days from the

filing of the complaint. 3) The letter "c" in the first paragraph of Article 472 is repealed, except

the right to recourse decisions for procedural violations that have affected the verdict. This will

allow the reduction of the number of the cases judged in the Supreme Court. 4) Article 310/1

provides that "the court's decision for which will be issued the execution order, pursuant to Part

25

Four of this Code, in each case is accompanied by a copy of the order of execution, prepared and

signed by the presiding judge or panel, which rendered the judgment.

88. The implementation of this intervention, on the one hand, will have a positive impact on the

courts, because of the reduction of the caseload that they will consider and will enable the

increased efficiency and shortening of the trial time of other cases. On the other hand, this

intervention will positively affect the citizens, as will be shortened the procedure for the

execution of a final civil judgment, which serves to accelerate the implementation of the

sentence, reduces financial cost to citizens as a result of a simplified procedure and will increase

legal certainty. Consequently, the execution procedure is more practical and efficient. These

changes aim at shortening and simplifying the procedures of execution in a more effective way

of court decisions and facilitate the procedures to be followed by citizens, which currently are

prolonged, having additional costs to the applicant, for executing an order.

89. The administrative reform for a fair and complete trial within a reasonable time provided in

the law no 49/2012 "On the organization and functioning of administrative courts and

administrative disputes", aimed at reducing the number of issues that have been examined so far

by the Administrative Section of the Court of First Instance, Tirana.

90. The High Council of Justice, as the responsible authority for evaluating the judges of the

courts of first instance and appeal courts, has adopted/approved several decisions: 1) Decision no

261/2, dated 14.04.2010 'Judges Assessment System', where are also defined the criteria for

judicial actions. Defined as an element in the decision of the judge e